My partner was backing out of our driveway onto a residential street and collided lightly with a car parked opposite our driveway. There is only minor damage and she was the only person involve, yet she was given a ticket for 'fail to yield from driveway' contrary to HTA sect. 139(1). Is this ticket proper and should she fight it? I thought this offense dealt moving vehicles, am I wrong or right? Thank you in advance for any help.
Fail to yield from driveway
Re: Fail to yield from driveway
The correct charge probably should have been Careless. But Careless is a very severe charge (6 points). I think the HTA really, really, REALLY needs a different/new charge for "minor" carelessness. Either that, or just reduce the severity of the current statute.
Personal opinion? I think your charge is inappropriate. We don't "yield" to parked cars.
Fty
Thanks for your opinion Bookm. I agree there should be a different statute as in this situation there is less than $1000(most of it painting costs) damage. I can't imagine that everybody who dinged a bumper while parallel parking gets a ticket with three(or six) demerit points. Could it be so?
Re: Fail to yield from driveway
I would try to pay the other car owner in cash (using their estimate without any counter-offer, ie. "I have a cousin who dabbles in body work").
Then plead not-guilty and show up for court on your trial date. My bet is the cop won't even show up. He'll know the "glove doesn't fit" ![]()
Similar Topics
-
-
- Question re: Fail to yield from driveway: Withdrawn
- Posted in Failing to yield the right-of-way
- By fizzydietcola on
- Replies: 3
-
-
-
- Fail to Yield From Private Road or Driveway
- Posted in Failing to yield the right-of-way
- By bluesnow on
- Replies: 3
-
-
-
- "Failing to yield from driveway"fine-no subsection
- Posted in General Talk
- By jcspeziale on
- Replies: 9
-
-
-
- Failing to Yield from a driveway
- Posted in Failing to yield the right-of-way
- By NB1 on
- Replies: 5
-
-
-
- Failing to Yield from a driveway
- Posted in Failing to yield the right-of-way
- By tobybour on
- Replies: 2
-
-
-
- Failing to yield from private driveway (collision)
- Posted in Failing to yield the right-of-way
- By aemi on
- Replies: 6
-
-
-
- FAIL TO YIELD TO TRAFFIC ON THROUGH HIGHWAY
- Posted in Failing to yield the right-of-way
- By KEN on
- Replies: 2
-
-
-
- Fail to Yield To Traffic in Through Highway
- Posted in Failing to yield the right-of-way
- By Sab on
- Replies: 1
-
-
-
- Fail to yield to traffic on through highway (Collision)
- Posted in Failing to yield the right-of-way
- By someone on
- Replies: 10
-
-
-
- Fail to Yield from Private road under 139(1). Options?
- Posted in Failing to yield the right-of-way
- By Tim Taylor on
- Replies: 8
-
-
-
-
- Fail to yield from private drive (no collision)
- Posted in Failing to yield the right-of-way
- By mikem on
- Replies: 4
-
-
-
- fail to yield
- Posted in Failing to yield the right-of-way
- By iminnocent on
- Replies: 1
-
-
-
- Charged with fail to yield from private drive
- Posted in Failing to yield the right-of-way
- By dom on
- Replies: 4
-
-
-
-
Help with Fail to Yield issue
- Posted in Failing to yield the right-of-way
- By clients on
- Replies: 2
-
-
-
-
- Fail to Yield to Pedestrian, Sec. 140(1)(a)
- Posted in Failing to yield the right-of-way
- By moshwing on
- Replies: 1
-
-
-
- Fail to yield on through highway, no signature by cop
- Posted in Failing to yield the right-of-way
- By Micnic79 on
- Replies: 6
-
-
-
- Fail to yield left turn traffic on a green light
- Posted in Failing to obey signs
- By jetpack on
- Replies: 10
-
-
-
- HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
- Posted in Failing to yield the right-of-way
- By Bixie on
- Replies: 23
-
-
-
- Seized my plates, in my driveway.
- Posted in General Talk
- By TridentX2 on
- Replies: 12
-
Featured Topics
No time to file for disclosure
Hey,
I got a speeding ticket in a speed trap for 66km/h in a 50km zone, which i do not beleive i was going that speed. I was in the right lane, and there was another vehicle in the left lane, and the officer pulled both of us over. When the officer approached my vehicle and asked for my licence and registration he mentioned that he clocked me at 66km/h and the other vehicle to my left at 72km/h. I…
Parking near a fire hydrant
I live in Ottawa, Ontario (Canada).
I got slapped with a ticket of $45 for violationing a Bylaw when I parked on a street infront of my doctors office.
I parked within 3 M of a point on the curb or edge of roadway opposite a fire hydrant.
Here's the details:
I find a parking sign on the road that says NO PARKING < , which means that I can park to the right of the sign. So I park on the right…
Summons to Witness
I was hit while driving. It was the other guy's fault and he was charged with careless driving.
I have just received a "summons to witness". The summons threatens all sorts of dire consequences if I don't show up to court.
The problem is that I don't want to show up to court. Besides being difficult for me, the other driver is an acquaintance, and I would rather not see him get into trouble. His…
No full disclosure provided after 2 court appearance
Hi Everyone,
I got a ticket for not fully stop at a stop sign. I file a NOTICE OF INTENTION TO APPEAR. I requested full disclosure, I got no answer, I fax another request, no response. I went to the Persecutor office; they gave me the officer note but no video. On trial date the persecutor ask for adjournment until they get video disclosure
The second court date no video disclosure, I asked the…
63 in a 40 - York Univ + Failure to Surrender Insurance
Hi there,
19 year old G Driver
Today I received a speeding infraction on shoreham drive near York University. A speed trap had been setup.
The infraction is 63 in a 40 as the officer stated it was a school zone. Also the insurance card that was in the glove box (parents car) was expired so a further infraction was issued. The officer stated that since I was a student he would cut me a break if I…
When can a child sit in the front seat?
Good morning everybody.
Does anybody know when a child should be allowed to sit in the front seat of a car?
I tried looking around for answers but nobody has a definite answer.
I've heard different answers ranging from age 8 to age 14.
I know air bags can cause serious injury to children and sometimes it can be fatal.
However I can't find any law that sets out the guidelines.
Any help is greatly…
Drive hand held communication device
I've been stopped and fined for driving holding a communication device.
The first thing the officer said was "you were texting". I was actually in a conversation in a hands free mode (speakerphone):
"Hands-free mode allowed
(3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode. 2009, c. 4, s. 2."
The…
School bus moving with flashing red lights - but not stopped
What is the requirement for stopping when a school bus is traveling down the roadway, initiates the flashing red lights while still moving but has not yet stopped? If a motorist is traveling through an intersection (through the free-flow approach, minor-street stop controlled) and an oncoming school bus initiates the lights while approaching the intersection, but is still moving and has not come…
Parking in fire route + 114(18)
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
115 On Highway 401
Hey everyone, sorry if this is the wrong section for this (i'm a new user
)
Well today as I was coming home from class, I was travelling at about 116-118 and police officer was driving in the express holding up traffic and I didn't really see him. So as I go to pass in the middle lane we started going down a slight hill (before the service centre on townline exit); I didn't want to apply my…
Brief questions about next steps for stunt-driving summons
I am new to the forum and am hoping for some guidance from forum members. Having recently been charged with Stunt Driving (speeding 157 in 100 zone on Hwy 407) and received a summons (for about a month from now), I had the following questions that I would be gracious for some feedback:
a) what is the actual process for next steps? My understanding is that when I appear at the summons, it is not a…
Car Windows Tints allowance in Ontario (mississauga,gta,etc)
I currently drive a honda civic, with tinted windows. It is 35 % in the front and 20% in the back. however, i got a ticket due to a police officer said the front tints were to dark and he could not see me (at 4 pm, broad day light). Is this ticket unnecessary? and what is the legal limits?
The ticket said: Colour coating obscuring interior
obstruct plate
I got a ticket for obstruct plate on morning of Feb 4 2009. I was driving in front of a police officer who was wearing sun glasses. He pulled me over and insisted he cannot see my plate but it was just some dirt or salt. Is it possible for me to fight the ticket? Also I went on york.ca to check the ticket but it says that the offence not found. It has been over 10 days since i got the ticket so I…
Charged with HTA 136 1 9 disobey stop sign, failed to stop
Was charged with not stopping for stop sign that I believe I stopped. I have searched the section number on the Internet and find no results for that charge. I have found HTA 136 1 A and HTA 136 1 B so what is HTA 136 1 9?
CVSA/CMV Info
Is anybody interested in CVSA or commercial motor vehicle stuff? This was my specialty in policing. I can write some articles about weights, measures, documents, etc, if there's an audience for it.
Can an unlicensed/uninsured car be towed by another car?
We have a vehicle which needs to go to a repair shop before it can be licensed. The shop is 10km away. Can a licensed vehicle tow it to the shop? We are hoping to avoid paying for a lift truck to transport it.
Along the same lines, would the laws be different if a farm tractor or other slow moving vehicle were doing the towing? This is a rural property.
Thanks.
Trying to get a stay for expired plate. Need some guidance.
I had a perfect driving record. I am in the process of applying for a really good job that takes about year to go thru the application process. One of the conditions is to have a perfect driving record - spotless.
I got a ticket for "operate motor vehicle, no valid tag". The plate was expired. I was driving someone else's vehicle as a favour to them.
I requested a court date. I got the date. I…
Paid Tickets
Here is my problem. I got two tickets
1. Driving without insurance slip ($120)
2. Fail to have 2 license plates ($120)
Both tickets can be dropped by prosecutor, because I got these tickets before and they just dropped it, when I showed a picture that I put my plate back on and I got the insurance slip.
I set a court date to fight the tickets, because I did not have time to meet with prosecutor. I…
deciding what to do
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
Need some advice on Court proceedings -very confused
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
74 in a 50 trial date today, a few quick tips?
Hey all
found this resource online, wanted to ask a few questions
I have my trial today, march 3rd in TOronto East
I got a speeding ticket APril 6th 2009 at 1:12am East bound on the BLoor Viaduct, 74 in a 50, officer was using Lidar and ran out in the middle of the street to stop me ![]()
the trial date is today.
I already have filed for an 11b a few weeks back by serving the prosecutor and mailing the…
alcohol dependence - suspension... PLEASE HELP!
Ok story starts as this. I admit, I wasn't the smartest!!! lol
I was helping people move on saturday, had a few drinks. Went out for a night dinner with the wife for date night, had a few more drinks at dinner... but nothing extreme. Got home felt tired and we had people coming over so I downed a Red Bull, first stupid mistake, then after they left i went to the bathroom and fainted, was…
Disobey Sign 182 (2) on HWY 401. Slight errors on ticket.
Here's the situation. I entered the 401 heading east. After a minute or two I was on the left lane a few car-lengths behind a marked cruiser. He was driving annoyingly slow in the left lane, maybe 110km/h, even if that. (I saw something in the HTA that slower traffic must keep right according to the current flow.) That's why I thought it was 'safe' to pass him. After about 20 or so seconds…
MTO gave me the wrong sticker - place your bets!
So I have an vehicle which I don't drive over the winter. My birthday is in November. So, to save some cash flow before Christmas, in November 2018 I chose not to buy a sticker, knowing full well that when spring came I would still need to pay the $120 for the period November 2018 - November 2019.
Fast forward to last week, now we finally have some decent weather, I go to the ServiceOntario…
HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Good morning drivers, law enforcement, and traffic enthusiasts,
I recently received a ticket for "FAIL TO YIELD TO PEDESTRIAN." I was stopped at a red light in the left lane, signalling to turn left. The light turned green and as I pulled into the intersection, a pedestrian on the left crosswalk began crossing in the opposite direction. As I approached the crosswalk to complete the left turn, the…